SK.CHUNIA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal arises against the judgment dated 22.3.1990 passed by the Session Judge, Godda in session trial No. 64 of 1988, whereby the learned Sessions Judge convicted the appellant for the offence under Section 376 of the Indian Penal Code and sentenced him to undergo RI for a period of 7 years.

(2.) THE prosecution case, in short, is that the victim, Gyanwati Devi (PW 6) lodged FIR (Ext. 2) on 14.1.1988 at about 3 p.m. against the appellant alleging therein that on 13.1.1988 at about 4 p.m. while she was picking up cow -dung from the field of appellant, he (appellant) who was grazing his buffalo came there and threw her on the ground and then committed rape on her. She tried to stand up but the appellant did not allow her to do so and then she raised alarm and on alarm Dhurkhaili Ravidas, Basudeo Ravidas, Nakul Ravidas and others, who were working in the Bahiyar, arrived there and saw the appellant fleeing away from the place of occurrence. They tried to catch the appellant, but they could not succeed. A panchayati was held in the Village but since the dispute could not be resolved and then the FIR was lodged.

(3.) IN all 8 witnesses were examined on behalf of the prosecution. Out of whom PW 1 is the Doctor, who medically examined the victim (PW 6), PW 2 is Nakul Das, who came to the place of occurrence on alarm raised by the informant. PW 3 is Sagar Ravidas a hearsay witness, PW 4 is Basudeo Ravidas, who also reached at the place of occurrence on alarm of the informant, PW 5, Panchu Ravidas and PW 7 the husband of the victim have been tendered, PW 6 is Gyanwati Devi (victim lady) and PW 8 is the Investigating Officer.